ORDER 15.-ADMINISTRATION AND TRUSTS.
1. Interpretation of Order 15. (68/1)
In this Order-
administration proceedings means proceedings for the administration of an estate or the execution of a trust under the direction of the Court;
estate means estate of a deceased person.
2. Relief without general administration. (68/2)
(1) Proceedings may be brought for any relief which could be granted in administration proceedings.
(2) Proceedings may be brought for the determination of any question which could be determined in administration proceedings, including any question-
(a) arising in the administration of an estate or in the execution of a trust; or
(b) as to the composition of any class of persons having a claim against an estate or a beneficial interest in an estate or in property subject to a trust; or
(c) as to the rights or interests of a person claiming to be-
(i) a creditor of an estate; or
(ii) entitled under the will or on the intestacy of a deceased person; or
(iii) beneficially entitled under a trust.
(3) Proceedings may be brought for an order directing an executor, administrator or trustee -
(a) to furnish accounts; or
(b) to verify accounts; or
(c) to pay funds of the estate or trust into Court; or
(d) to do or abstain from doing any act.
(4) Proceedings may be brought for an order-
(a) approving any sale, purchase, compromise or other transaction by an executor, administrator or trustee; or
(b) directing any act to be done in the administration of an estate or in the execution of a trust which the Court could order to be done if the estate were being administered, or the trust were being executed, under the direction of the Court.
(5) None of Sub-rules (1) to (4) limits the operation of any other of them.
(6) In proceedings brought under this Rule a claim need not be made for the administration of the estate, or the execution of the trust, under the direction of the Court.
3. Application of Rules 4 to 9. (68/3)
Rules 4 to 9 apply to administration proceedings and to proceedings brought pursuant to Rule 2.
4. Parties; Executors, etc. (68/4)
(1) In proceedings relating to an estate, all the executors of the will of the deceased, or all the administrators of the estate, must be parties.
(2) In proceedings relating to a trust, all the trustees must be parties.
(3) Where proceedings are brought by executors, administrators or trustees, any executor, administrator or trustee who does not consent to being joined as a plaintiff shall be made a defendant.
5. Parties: Beneficiaries and claimants. (68/5)
(1) In proceedings relating to an estate, all the persons having a beneficial interest in or claim against the estate need not be parties.
(2) In proceedings relating to a trust, all the persons having a beneficial interest under the trust need not be parties.
(3) In proceedings relating to an estate or a trust, the plaintiff may make parties, as he thinks fit, of the persons referred to in Sub-rules (1) and (2).
(4) This Rule has effect notwithstanding Order 5 Rule 3 (parties and causes of action) but does not limit the powers of the Court under that Order.
6. Claim under judgement. (68/6)
Where, in the taking of an account of debts or liabilities under a judgement or order in proceedings relating to an estate or trust, a person not a party makes a claim -
(a) a party other than the executors or administrators of the estate or trustees under the trust shall not be entitled to appear in relation to that claim except by leave of the Court; and
(b) the Court may, on terms, direct or allow any party to appear either in addition to or in substitution for the executors, administrators, or trustees.
7. Relief in proceedings by summons. (68/7)
(1) The Court may make any certificate or order and grant any relief to which the plaintiff is entitled by reason of any breach of trust, wilful default or other misconduct of a defendant notwithstanding that the proceedings were commenced by summons.
(2) Sub-rule (1) does not affect the power of the Court under Order 4 Rule 35 (continuation on pleadings of proceedings commenced by summons).
8. General administration. (68/8)
(1) The Court need not direct the entry of judgement or make an order for the administration of an estate or the execution of a trust under the direction of the Court unless the judgement or order is necessary for the determination of the questions arising between the parties.
(2) When it appears to the Court that a judgement or order for the administration of an estate or the execution of a trust under the direction of the Court is necessary to prevent proceedings by creditors of the estate or by persons claiming to be entitled under the will or on the intestacy of the deceased or to be beneficially entitled under the trust, the Court-
(a) may direct the entry of judgement; and
(b) may further order that no steps shall be taken under any account or inquiry directed. without the leave of the Court.
9. Conduct of sale. (68/9)
Where the Court makes an order for the sale of property comprised in an estate, or of trust property, the executors or administrators or the trustees, as the case may require, shall, unless the Court otherwise orders, have the conduct of the sale..